Relevance : GS Paper II
In context of preparation of National Register of Citizens, Abdul Kuddus case had significant consequences for Assam.
Abdul Kuddus case
- The case argued that an opinion rendered by the Foreigners Tribunal had no greater sanctity than an executive order.
- This meant that an adverse finding against an individual would not automatically result in their name being struck off the NRC.
- Furthermore, the Tribunal’s opinion could be subsequently reviewed, if fresh materials came to light.
- In short, Foreigners Tribunal and of NRC should be kept entirely independent of each other.
Flawed tribunals
- The Supreme Court held Foreigners Tribunal was final and binding on all parties.
- There are, however, serious problems with this holding.
- First, Foreigners Tribunals were established by executive order.
- Second, it now includes bureaucrats.
- Tribunals are given sweeping powers to refuse examination of witnesses .
Failure of Supreme Court
- The Court’s observations in the Kuddus casecan be traced back to two judgments, known as Sarbananda Sonowal I and II.
- In those judgments, the Court declared immigration to be tantamount to “external aggression” upon the country.
- It held that the burden of proving citizenship would always lie upon the person who was accused of being a non-citizen.
Conclusion
In further strengthening the Foreigners Tribunal, the judiciary has failed to fulfil its duty as the last protector of rights.
